Ardesco Oil Co. v. North American Oil & Mining Co.
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 63, to October and November Term 1869. On the 30th of May 1868, The North American Oil and Mining Company, for the use of Francis H. Macy, trustee of Josiah Macy’s sons, brought an action of covenant against The Ardesco Oil Company.
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Error to the District Court of Allegheny county: No. 63, to October and November Term 1869. On the 30th of May 1868, The North American Oil and Mining Company, for the use of Francis H. Macy, trustee of Josiah Macy’s sons, brought an action of covenant against The Ardesco Oil Company. The defendants pleaded non est factum, covenants performed absque hoc, set-off, payment with leave, and an additional plea denying the validity of the transfer by the legal to the equitable plaintiff of the lease sued on. ' The facts of the case are as follows:— On the 13th of January 1858, E. F. Denny leased to…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sharswood, J.
— The 1st and 2d errors assigned are to the rulings of the learned judge below in excluding the offer of the defendants to prove a set-off, consisting of promissory notes of the plaintiffs, past due and originally drawn in favor of third persons, and by them endorsed to the defendants. Waiving the consideration of other objections made to the admission of this evidence, we think that it was rightly rejected because clearly precluded by' the terms of the lease sued upon. That a party may be debarred from availing himself…
2Cases cited6 opinions
- Dana v. Bank of the United StatesSupreme Court of Pennsylvania · 1843
- De Bolle v. Pennsylvania Ins.Supreme Court of Pennsylvania · 1839
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
- Henniss v. PageSupreme Court of Pennsylvania · 1838
- Stroh v. KimmelSupreme Court of Pennsylvania · 1839
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3Cited by23 opinions
- Almi, Inc. v. Dick Corp.Commonwealth Court of Pennsylvania · 1977
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895
- Smiler v. TollSupreme Court of Pennsylvania · 1953
- City of Philadelphia v. LiebermanCourt of Appeals for the Third Circuit · 1940
- Dominski v. GarrettSuperior Court of Pennsylvania · 1980
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